TERMS AND CONDITIONS OF SALE
Effective Date: January 1, 2022
Editions de Parfums Frédéric Malle website, accessible at the following address: www.fredericmalle.eu (the “Site”), is an e-commerce site accessible via the Internet to all Internet users. It is operated by the company ELCO SAS – Éditions de Parfums Frédéric Malle (“We”, “Us” of “Our”) whose contact details and legal entity name are accessible at any time:
ELCO S.A.S – Éditions de Parfums Frédéric Malle
40/48 rue Cambon – 75001 Paris
Société par actions simplifiée (SAS)
Capital 239 199 950,00 euros
702 038 464 R.C.S. Paris
VAT number FR917020368464
Customer Service E-mail: firstname.lastname@example.org
Director of publication: Franck Besnard
Host: ELC Online – 40 West 23rd Street, New York, NY 10010, USA
1. General Provisions
1.1. The following terms and conditions of sale (“Terms of Sale”) apply to the offer and sale of products through the Editions de Parfums Frédéric Malle website in the European Economic Area (“EEA”), (the “Site”).
1.2. To be eligible to purchase products on the Site customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (c) hold a valid credit or debit card.
1.3. This contract shall be executed in the language of the country where your shipping address is and shall be governed by the laws of such country (the “Country”). You can check the list of countries and their corresponding applicable laws by clicking here. Such laws are referred to as the “Local Laws” in these Terms of Sale.
1.4. Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to expressly accept these Terms of Sale. Customers may save or print these Terms of Sale, which are also available at any time on the Site. These Terms of Sale may be modified at any time.
1.5. The Terms of Sale applicable to an order shall be the ones published on the Site at the time the customer places an order. Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due.
2.1. Information on products is available on the Site and is provided in accordance with Local Laws.
2.2. We will take all reasonable professional care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are totally accurate, complete, reliable, current, or error-free.
2.3. The products described on the Site, and any samples thereof we may provide to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that may result in the violation of these Terms of Sale.
3.1. All prices indicated for products available via the Site are inclusive of VAT at the current rates and are expressed in local currency. Delivery charges are displayed to the customer prior to finalizing an order and shall be added to the price of the products and are indicated separately on the order form. For further information please also visit the Delivery section of the Site.
3.2. We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
3.3. Prices may be modified at any time. Applicable prices shall be the ones published on the Site at the date of placing of an order by customer.
4. Placing an Order
4.1. The customer can navigate freely on the Site without being bound to placing an order. If the customer chooses to do so, the customer will be guided through the process of placing an order by a series of simple instructions on the Site or the Customer Service Centre.
4.2. To place an order, the customer must type in the quantity of product he/she wishes to purchase (up to 6 (six) of any single product), with a maximum purchase of 1200 € (one thousand and two hundred Euros) per customer. In addition, we must also limit orders to no more than three (3) orders per customer per day. Customer can purchase up to 12 (twelve) units in total per transaction.
4.3. Customer may click “Add to bag” to place the product selected in the desired quantity in the “Shopping Bag”. Customer may decide to continue shopping for other products and add them to their Shopping Bag or proceed to checkout by clicking the “Proceed to Checkout” button. At any time during shopping customer may review the products in the Shopping Bag by clicking on “Proceed to Checkout” of each page. Customer may remove products from their Shopping Bag by clicking on “Remove” next to the chose product in the Shopping Bag”. If applicable in the Country, Customer may save a product as favorite, by clicking on “move to favorites” below the product name. The product will then be moved to customer’s favorites section in “My Account”. To access customer’s favorites from any computer, customer must register or sign in with his/her account.
4.4. Customer must follow the onscreen instructions to proceed through the checkout process on the Site. The customer may always correct any errors in data he/she has entered, change the Shopping Bag contents, by adding or removing one or more products from the Shopping Bag, or cancel the entire order during checkout before sending his/her order. Before submitting an order on the Site, the customer will have an opportunity to review and edit all of the details for their order, including billing and shipping information, prior to confirming their purchase. In addition, the customer shall acknowledge and declare that he/she has read all the instructions provided during the checkout process and fully accepts these Terms of Sale, through a confirmation action on the Site (for example, by ticking a box). The customer places an order request for products via the Site by clicking on the “Place Order and Pay” button at the end of the order process.
4.5. After an order has been submitted, a submission page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of Local Laws, the email confirming receipt of the order contains a summary of the Terms a Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.
4.6. If an order confirmation does not arrive within 24 hours after submission, customer may contact us at email@example.com for assistance.
4.7. If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us via email at the following address firstname.lastname@example.org. For fastest service, customers are invited to keep their order number available.
5. Gift-Wrap Service
5.1. We always take special care of orders. If this service is available in the Country, we will be happy to create a beautiful gift package. We will provide the Gift-Wrap Service upon payment by customers of the additional cost displayed on the Site.
5.2. If the customer wishes to have his/her order packaged as a gift, he/she must simply click on the “Gift Wrap” option during “Checkout”. Service available if gift wrap available in stocks.
6. Offer Codes
6.1. If offer codes are applicable in the Country, to redeem an offer code, customers must enter their code into the “offer code” box during the checkout process on the website. Offer codes are case sensitive and should be entered exactly as they appear.
6.2. When an offer code is accepted, the offer will be displayed in the “Order Review”.
6.3. One offer code may be used per order.
7. Payment Options
7.1. Customers may pay for the products by credit card. The following credit cards are accepted for payments:
• American Express
7.2. We do not accept credit cards with billing addresses outside of the EEA.
7.3. Customers will not be charged for any product until it is shipped.
7.4. For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
7.5. All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
7.6. Your payment card will be charged the applicable purchase price at such time. By submitting your order on the Site, you expressly authorize us to perform such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.
8. Order Inquiries
8.1. Generally products are shipped within 2 to 5 working days. For any shipping information customers may contact us via email at the following address: email@example.com.
8.2. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:
• Item(s) not available, although we take all professional care to ensure that unavailable items are clearly identified as such on the Site
• Impossibility in processing payment information
• Cannot deliver to address provided
• Duplicate order was placed
• Cancellation due to a customer request
8.3. If an order is cancelled, the customer will receive an email to explain the reason for the cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, he/she may contact us via email at the following address firstname.lastname@example.org.
9.1. Orders are processed and delivered on working days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday will be processed on the following working day.
9.2. We are unable to process orders to a P.O Box address.
9.3. Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note. There are no shipping charges for purchases over the amount we may display on the Site.
10. Right of Withdrawal
10.1. We are committed to offering customers the finest cosmetic products available. If the customer feels the products he/she received from us do not meet this expectation, pursuant to Local Laws the customer has the right to withdraw from the contract, without specifying any reason, within thirty (30) working days of the date the products were received.
10.2. The withdrawal period is thirty days from the date on which you or a third party you name and who is not the carrier has received the goods. For contracts covering the order of several goods that are to be delivered separately, the withdrawal period is thirty days from the date on which you or a third party you name and who is not the carrier has received the last item of such order.
However, this right of withdrawal does not apply to products which have been personalized, except for defects in the products or incomplete or incorrect delivery. If a personalized product is delivered damaged or is defective, customers should immediately contact us via e-mail at email@example.com.
10.3. Notification of customer’s intention to exercise the right of withdrawal can be done by emailing us at firstname.lastname@example.org with customer’s order details, including customer order number and the description of the products which are being returned. You may, but are not required to, use the sample withdrawal form attached in Appendix I. To comply with the withdrawal period, it is sufficient to provide your declaration informing us that you wish to exercise your right of withdrawal prior to the expiration date of the withdrawal period. Within the order packaging, the customer will find a dispatch note with details of the order together with details of our returns process. If the products listed on the dispatch note do not match those contained in your delivery, the customer shall notify us immediately by e-mailing email@example.com calling.
10.4. Our Customer Service will then issue the customer with an authorization number and an email confirmation. Customer is invited to retain a note of his/her authorization number for future reference with Customer Service with regards to this matter.
10.5. If the customer returns products for reasons other than defects in the products, or incomplete or incorrect delivery, he/she will be required to arrange and pay for the return of the products to us.
10.6. Upon exercising the right of withdrawal, we undertake to reimburse the customer the full price of the products within thirty (30) days of the date of receipt of the withdrawal, provided that they are shipped back unused and undamaged, as soon as possible and no later than 30 from the date of receipt of your withdrawal declaration, and that we receive proof of sending back prior to reimbursement. We may refuse reimbursement until we have received the resent goods or until you have provided proof that you have resent the goods, whichever occurs first. Refunds will only be made against the original credit card used. We will send to the customer a notification email once the reimbursement has been made.
10.7. It is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt).
10.8. The above provisions are only applicable to purchases made online. Products purchased at a store will be subject to the return policy of each store. Returns or exchanges for purchases made in an Editions de Parfums Frédéric Malle store may not be returned or exchanged to Editions de Parfums Frédéric Malle Online. Returns for purchases made online will not be accepted for return or exchange at an Editions de Parfums Frédéric Malle store.
11. Lack of Conformity
11.1. In case of lack of conformity of products pursuant to Local Laws, the legal guarantees established by Local Laws will apply. The customer has the right to have the products brought into conformity free of charge by repair or replacement. In case of failure of one of the remedies above, the customer has the right to have an appropriate reduction made in the price of the products, or the contract cancelled. The customer waives these rights if it fails to notify us of the lack of conformity within reasonable time after the customer detected such lack of conformity. We shall be held liable where the lack of conformity becomes apparent within up to three (3) years, according to Local Laws, as from delivery of the products.
12. Applicable Law and Jurisdiction
12.1. These Terms of Sale are governed by and must be interpreted in accordance with Local Laws.
12.2. Any disputes arising from the interpretation, validity and/or execution of these Terms of Sale shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer.
13.1. For any information and support on products and methods of purchase through the Site the customer may contact us by email to firstname.lastname@example.org.
14.1. In case of complaint about your online purchase, you may contact us at: email@example.com.
14.2. According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may also refer disputes through to the EU Commission’s online platform available at:
14.3. Likewise, you may refer disputes related to the sale of the Product to the applicable Alternative Dispute Resolution entity indicated below.
Please find below the list of countries concerned and our local entities acting as the seller, applicable Local Laws and the Alternative Dispute Resolution entities:
Your shipping adress Country:
France / French Polynesia / DOM-TOM ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of France ANM
62, Rue Tiquetonne - Paris
Austria ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Austria Schlichtung für Verbrauchergeschäfte
Mariahilfer Straße 103/1/18
Email address: firstname.lastname@example.org
Phone: +43 1 890 63 11
Belgium ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Belgium Ombudsman du Commerce
Avenue Edmond Van Nieuwenhuyse, 8
Email address: email@example.com
Phone: +32 2 788 05 20
Bulgaria ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Bulgaria General Conciliation Committee within the Commission for Consumer Protection based in Sofia
Sofia 1000, Pl. Slaveykov No 4a
tel. 02/9330 517,
fax: 02/988 42 18
Croatia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Croatia Mediation Centre of the Croatian Mediation Association
Nikole Tesle 1 - Zagreb, 10000 - Croatia
Email address: firstname.lastname@example.org
Phone +385 1 4811 283
Czech Republic ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Czech Republic Czech Trade Inspection Authority
Stepanska 15 - Praha, 12000
Phone: +420 296 366 360
E-mailová adresa: email@example.com
Webová stránka: http://www.coi.cz
Denmark ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Denmark The Danish Competition and Consumer Authority
Carl Jacobsens Vej 35 - Valby, 2500
Email address: firstname.lastname@example.org
Phone: +45 41 71 50 00
Estonia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Estonia EESTI ADVOKATUUR
Rävala pst 3 - Tallinn, 10143
Email address: email@example.com
Phone: +372 662 0665
Fax: +372 662 0677
Finland ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Finland The Consumer Disputes Board (Kuluttajariitalautakunta)
Hämeentie 3 - P.O Box 306
Tel. +358 29 566 5200
Fax: +358 29 566 5249
Germany ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Germany Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
General Consumer Conciliation Body of the Centre for Conciliation
Straßburger Str. 8 - Kehl, 77694
Email address: firstname.lastname@example.org
Phone: +49 7851 79579 40
Greece ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Greece The Consumer Ombudsman
Sinigoros tou Katanaloti
144 Alexandras Avenue, Athens GR – 11471
Email address: email@example.com
Phone: 0030 2106460862
Hungary ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Hungary Budapesti Békéltető Testület
Conciliatory Body of Budapest
Krisztina krt. 99 - Budapest, 1016
Email address: firstname.lastname@example.org
Phone : +3614882131
Ireland ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Ireland NetNeutralsEU
Johnstown Business Centre, Johnstown, Naas,
Co Kildare, W91C99T
Email address: email@example.com
Italy ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Italy RisolviOnline.com – Milan Chamber of Arbitration
Via Meravigli 7 - Milano, 20123
Email address: firstname.lastname@example.org
Phone: +39 02 85154522
Latvia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Latvia Consumer Rights Protection Centre (Consumer Dispute Resolution Committee)
Brivibas iela 55 - Rīga, LV-1010 - Latvia
Email address: email@example.com
Lithuania ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Lithuania State Consumer Rights Protection Authority
Vilniaus g. 25 - Vilnius, 01402 - Lithuania
Email address: firstname.lastname@example.org
Phone : +370 5 262 6751
Fax : +370 5 279 1466
Luxembourg ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Luxembourg Service national du Médiateur de la consummation
6, rue du Palais de Justice - Luxembourg, 1841
Email address: email@example.com
Phone: +352 46 13 11
Malta ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Malta ADR (Malta) Centre
202/2, Vincenti Buildings, Old Bakery Street
Email address: firstname.lastname@example.org
Phone : +356 79014837
Fax : +356 21339198
Monaco ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Monaco ANM
62, Rue Tiquetonne - Paris
Montenegro ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Montenegro Not applicable.
Netherlands ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Netherlands De Geschillencommissie
Postbus 90600 - 2509 LP DEN HAAG
070 310 5310
Norway ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Norway Forbrukerklageutvalget
Consumer Complaints Committee
Address : Postboks 4596 Nydalen
0404 Oslo - Norway
Email address: email@example.com
Poland ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Poland Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie
ul. Sienkiewicza 3 - Warszawa, 00-015 - Poland
Email address: firstname.lastname@example.org
Phone: 22 826 18 30
Portugal ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Portugal Centro de Arbitragem de Conflitos de Consumo de Lisboa
Rua dos Douradores 108 a 116 2. e 3. Pisos
Email address: email@example.com
Phone: +351 21 8807030
Romania ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Romania National Authority for Consumer Protection - Directorate of Alternative Dispute Resolution
Blvd. Aviatorilor no.72, Bucharest, 011865, Romania
Email address: firstname.lastname@example.org
Phone: +4 021 312 1275
Fax: +4 021 314 3462
Serbia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Serbia Not applicable.
Slovakia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Slovakia Slovenská obchodná inšpekcia
Slovak Trade Inspection
Prievozská 32 - Bratislava, 82799
Email address: email@example.com
Slovenia ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Slovenia ECDR – European Center for Dispute Resolution
Tomsiceva ulica 6 - Ljubljana, 1000 - Slovenia
Email address: firstname.lastname@example.org
Phone : +386 (0) 8 205 65 90
Fax : +386 (0) 1 244 99 59
Spain ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Spain Junta Arbitral Nacional de Consumo
Príncipe de Vergara, 54 - 28006 MADRID
Tel.: +34 91 431 1836 (288), +34 91 431 8225
Fax: +34 91 578 0369
Sweden ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Sweden Allmänna reklamationsnämnden
The National Board for Consumer Disputes
Box 174 - Stockholm, 10123
Email address: email@example.com
Phone: +46 8 508 860 00
Switzerland ELCO SAS
40/48 Rue Cambon, 75001 Paris, France Laws of Switzerland Not applicable
If you wish to withdraw from the contract, please fill in this form and return it to us.
To: ELCO SAS - Editions de Parfums Frédéric Malle
21, rue du Mont Thabor
75001 Paris- France
I hereby withdraw from the contract concluded by me for the purchase of the following goods (provide the name and quantity of the product(s) returned):
OR for the part exchange of the following goods (provide the name and quantity of the product(s) exchanged):
Ordered on: (insert date)
Received on: (insert date)
Name of consumer:
Address of consumer:
Signature of consumer (only required for notification on paper):